As much as they would want to prevent it, dedicated and hardworking citizens can not control situations leading to their demise or disability. Disability becomes the consequence of illness or accidents in or out of their workplace. Being disabled, one can not anymore perform their present job or any other kind of jobs, anymore.
As a government service to workers inflicted with disability, the Social Security Act provides the Social Security Disability Insurance and Supplemental Security Income (SSI) programs. As compensation for the loss of income by the disabled worker, they can file for disability claims under these programs.
However, many of those who filed their disability insurance claims fall victim into believing that everything would go smoothly and that nothing will mar their claim for benefits. It is important to be enlightened with the hard facts regarding this matter so as to prevent bitter disappointments during the process.
First of all, be aware that the process of securing claims is not a walk in the park. It is a long and constant follow-up. Few claimants are ever enlightened of this fact upon filing for their Social Security disability benefits. There are certain levels in processing of claims, the initial level and the reconsideration level.
According to statistics, 60 – 70% of disability claims at the initial level are denied. Many have experienced receiving in their first notification letters from the Social Security Administration (SSA) that their claims have been denied. Meanwhile, up to 80 – 85% of the claims in the reconsideration level are denied. With this, the social security disability benefit claims takes up to two or more years.
Having these facts in mind, how can one keep their disability claim going?
First of all, for those who find that their case is denied, remember that panicking and brooding about it will not help any. This is not a personal failure since almost all of the claimants experience this. As long as you have your medical records intact and know that your impairments are serious, do not ever give up nor hesitate on filing for an appeal. This is a necessary process and filing a brand new claim should never be an option.
As soon as you received the notification letter expressing denial of your claim, immediately request for an appeal. A grace period of 60 days is given for those who wanted to appeal their claim. Express the appeal by requesting for reconsideration. This should be done personally so that the request will become an official record at the SSA office where the initial claim was filed. Failure to file for appeal within 60 days will result to losing appeal rights. It is tedious to start at the very beginning again, which involves the filing of a new Social Security Disability or SSI application and most probably, waiting out just to get another denied case.
Once the disability claim has been filed, it is necessary to keep on going, even if the initial level and reconsideration level of the case turns out to be denied. Establish a constant contact with the SSA office where the claim is filed. Getting the advice and guidance of a social security law attorney or even non-attorney representative may also be helpful.
Every year, a substantial amount of increase is being added to the disabled pensioners’ Supplemental Security Income benefit as based on the increase on the Consumer Price Index that also raise the Cost of Living in the U.S. As of January 1, 2007 alone, an increase of 3.3% in the Standard SSI Federal Payment was implemented by the Social Security Administration to cope up with the needs of the people. This year an eligible individual with and without an eligible spouse will respectively receive $934 and $623 per month while an essential person will accept $312 of monthly benefits from the government. These financial aids which are being granted to the disabled citizen will surely ease the suffering that they are experiencing giving them such substantial monetary support to sustain their daily needs. These fortunate people have already proven their luck.
On the other hand, a number of claimants are still having their hard times in the process of their petitions. Having their cases still pending in the Social Security office further increase their burdens of looking for the means to obtain enough money for their basic necessities such as food, shelter and clothing until their disability claims be approved. This may be attributed to their lack of at least a bit of understanding about the basics of the Social Security Act which is the law that covers their claims. They are quite unaware that the first step to make in order for their petition to gain approval is to be familiar with the law and the proper procedures of filing. Also, having some information about the Social Security Act will enable them to know which documents and evidences they should bring for their claims to have a strong stand.
However, for those who are still pursuing or are still planning to file a petition for a Supplemental Security Income disability benefits, it is very much advisable to hire the legal services of a qualified attorney who has the expertise in dealing with these certain types of cases. Getting the assistance of knowledgeable and skillful Social Security attorney will indeed increase their chances of getting their financial support from the government in the soonest possible time. A proficient attorney will follow the strict process of filing their claims, from accomplishing the necessary paper works to defending their points in the oral arguments scheduled by the Social Security office. These are some of the things that their attorneys will undergo for them as they enjoy the convenience of relaxing in their own homes with their loved ones while waiting for the results of their applications. And if in case their petitions are subsequently denied, an ever persistent disability attorney will find any other legal means as their clients may wish by filing a petition to a higher level Social Security office or even in a civil court. This will definitely ensure that the claimants’ demands are given fair and thorough evaluation in the said office.
But like any other trials that we face in life, we have our own choices. Whether we do it the hard way or look for much easy avenues, there are no other person to praised or be blamed for the outcome but we. So think wisely and be firm in your decision for attitude and determination are still the keys to success in all our endeavors in life including our efforts in pursuing our legal rights.
Both Lala C. Ballatan & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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Rainier Policarpio has sinced written about articles on various topics from Accident Claims, Legal Matters and Social Security Information. Our specialize in all fields of personal injury, business law, social security, and employment cases.. Rainier Policarpio's top article generates over 22200 views. to your Favourites.